Madras High CourtCRL OP(MD)/3941/2020allowed

M.Muruganantham v. The Sub Inspector Of Police

2020-03-04Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN M.MURUGANANTHAM ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE SUB INSPECTOR OF POLICE, NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

CRIME NO.697 OF 2019) ... RESPONDENT/COMPLAINANT For Petitioner : M/s.T.Thirumurugan, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.697 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- This petition has been filed by the petitioner/ sole accused seeking bail for the alleged offence punishable under Sections 366 of IPC and Section 5(l),6 of Protection of Child from Sexual Offences Act and Section 9 of Child Marriage Act, 2006.

2. The case of the prosecution is that the victim girl was forcibly taken away by the petitioner herein with the intention to compel her to marry and to have sexual intercourse. Since the victim girl was below 18 years old, the petitioner herein was arrested for the offence under Sections 366 of IPC as well as provisions of the POCSO Act.

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3. According to the petitioner he and the victim girl were in love and voluntarily they eloped since the parents of the victim girl were making arrangement for her marriage against her wish. Since they belong to different community, the parents were not in favour of their marriage and thereafter at the instigation of the parents a false complaint has been lodged.

4. To ascertain whether there is truth in the said contention made by the petitioner, this Court called for 164 Cr.P.C statement of the victim girl and perused.

5. On perusal of the statement of the victim girl recorded under Section 164 of Cr.P.C and the employment registration card, Court find that the victim girl was born on 27.03.2002 and on the date of occurrence she was 17 years and 9 months old. From the statement of the victim it appears that against her wish her parents have arranged a marriage, therefore she had left the house on her own wish and consented for sexual intercourse with the petitioner with whom she is in love.

6. Under such circumstance, taking note of the fact that the victim girl though at the time of the occurrence was three months short for majority, now she has attained majority and given statement that the carnal relationship was consensual, this Court is inclined to grant bail to the petitioner by imposing conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the Special Sessions Court for POCSO Cases, Srivilliputhur;

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

[b] the petitioner shall report before the Special Sessions Court for POCSO Cases, Srivilliputhur on every Monday at 10.30 a.m until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions 2/3

have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SPECIAL SESSIONS COURT FOR POCSO CASES, SRIVILLIPTHUR.

2 THE SUB INSPECTOR OF POLICE NORTH POLICE STATION, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-4751[I] dated 04/03/2020 )

ORDER

IN CRL OP(MD) No.3941 of 2020 Date :04/03/2020 AAV JM/PN/SAR 1/04.03.2020/3P/6C 3/3